By Barbara Ann Hocking
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Extra info for Unfinished Constitutional Business?: Rethinking Indigenous Self-Determination
It will be interesting to see what progress is made in this regard and to note what reference is made to the intellectual property rights of Indigenous peoples at future Commonwealth Health Ministers Meetings. Commonwealth Law Ministers Meeting At the Commonwealth Law Ministers Meeting held in St Vincent & The Grenadines in November 2002, a commitment was made to address the needs of ‘communities and groups’ which have been dispossessed of their lands. Moreover, Ministers recognised ‘customary law’ relating to land.
Article 3 is the cornerstone of the Draft Declaration and unless Article 3 is accepted, as formulated, much of the remaining Draft Declaration will be meaningless. It is the failure of states to agree on Article 3 that explains why it is taking so long to achieve consensus on the Draft Declaration. It is interesting to note that the UK, which does not have an Indigenous population (as defined by the Special Rapporteur for the United Nations Sub-Commission, José Martinez Cobo), is taking a much firmer line on the issue of Indigenous self-determination than those States with Indigenous populations, many of whom are actively participating in the UN Working Group, and working hard towards building a consensus on this issue.
The reluctance of many Commonwealth states to engage in the deliberations on the issue of Indigenous rights at the UN has to be due, in part, to the fact that many Commonwealth governments that came to power at independence have tended to stress cohesive nation-building, at the expense of the recognition of ethnic or other differences. They have also been committed to the retention of colonial boundaries which, particularly in Africa, had cut through the traditional territories of Indigenous and other ethnic groups.